16 | Towards the Closure of Guantanamo
5.
6.
B.
international instruments that require domestic laws and regulations to conform
with international commitments.” The IACHR further referred to the debate over
the adoption of anti-terrorist initiatives that included military commissions and
other measures.
Also as a response to the terrorist attacks, on June 3, 2002, the OAS General
Assembly adopted the Inter-American Convention Against Terrorism, in which OAS
Member States reaffirmed the “need to adopt effective steps in the inter-American
system to prevent, punish and eliminate terrorism through the broadest
cooperation.” The Convention explicitly recognized the requirement that antiterrorist initiatives must be undertaken in full compliance with member states’
existing obligations under international law, including international human rights
law.
As a follow up to its resolution, in 2002 the IACHR issued a Report on Terrorism and
Human Rights elaborating upon the manner in which international human rights
requirements regulate state conduct in responding to terrorist threats. 2 In this
report, the IACHR examined counter-terrorism initiatives in relation to several core
international human rights.
It addressed the minimum requirements of
international human rights and humanitarian law in respect of those rights and
evaluated the manner in which these requirements may impact upon a variety of
anti-terrorism practices.
Methodology
7.
As part of the preparation of this report, the Inter-American Commission organized
an expert meeting on the situation of detainees held at Guantanamo Bay to receive
specialized input on the different areas covered by the report. The meeting was
attended by eleven experts from different backgrounds. The participants included
Clifford M. Sloan, at the time Special Envoy for Guantanamo Closure at the U.S.
Department of State, officials in the Office of the Chief Prosecutor and the Office of
the Chief Defense Counsel for the Military Commissions, habeas counsel
representing Guantanamo detainees before federal courts, a psychiatric and medical
expert in numerous cases involving detainees at Guantanamo, civil society
organizations, scholars, as well as members of the office of the UN Special
Rapporteur on torture and other cruel, inhuman or degrading treatment or
punishment. 3 The information gathered in this high profile meeting enabled the
2
IACHR, Report on Terrorism and Human Rights, OEA/Ser.L/V/II.116.Doc.5 rev.1, October 22, 2002. Available at:
http://www.cidh.org/Terrorism/Eng/toc.htm
The expert meeting took place at the IACHR’s headquarters in Washington D.C. on October 3, 2013. The
participants included Prof. David D. Cole (Professor of constitutional law, national security and criminal justice
at Georgetown University Law Center), J. Wells Dixon (senior staff attorney at the Center for Constitutional
Rights and representative of Guantanamo detainees in federal courts and before military commissions), Prof.
Marc Falkoff (Associate Professor of criminal law at Northern Illinois University College of Law and principal
lawyer in the habeas representation of seventeen Guantanamo prisoners), Prof. Jonathan Hafetz (Associate
Continues…
3
Organization of American States | OAS
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